New South Wales Consolidated Acts

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NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 151I

Restrictions on grant of lease for residential accommodation

151I Restrictions on grant of lease for residential accommodation

(1) The Minister must not grant a lease under section 151 or 151H for the purpose of permanent residential occupation unless the lease--
(a) provides accommodation to an officer of the Service in the vicinity of the officer's place of employment, or
(b) facilitates--
(i) the maintenance and security of the reserve, and buildings and facilities on or in the reserve, or facilities passing through the reserve such as a road, transmission lines and pipelines, or
(ii) the provision of services to tourists and visitors to the reserve,
(iii) the provision of educational and research facilities in the reserve, or
(c) is for the occupation of buildings in an historic site or land reserved under Part 4A, or
(d) is of a class prescribed for the purposes of this section.
(2) A regulation must not be made for the purposes of subsection (1) (d) (not being a principal statutory rule within the meaning of the Subordinate Legislation Act 1989 ) unless the Minister has--
(a) caused notice of the draft regulation to be published in a manner that the Minister is satisfied is likely to bring the notice to the attention of members of the public, and
(b) invited the public and the Council to comment on the draft regulation with the closing date for the making of submissions being not earlier than 45 days after the date of publication of the notice, and
(c) taken into account any submissions from the Council or the public received before the notified closing date for submissions.
(3) The validity of a regulation made for the purposes of subsection (1) (d) is not affected by a failure of the Minister to comply with subsection (2) (c).



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